Debt Collection

[craftm_72]

Nebraska

Received summons but no court date from an agency who aquired a debt collection. I am a homemaker, and have nothing to my name. So far all i have done is call the debt collection agency to inquiry about this summons but nothing more. What can i do? i have no way to pay this debt. I am also very confused. from what i can remember i took this card out to BUILD my credit with my own money being put into this card but simply forgot about it, moved states and now i am here. Any help or advice would be greatly appreciated. Thank you!

 

[latigo]

Nebraska

Received summons but no court date from an agency who acquired a debt collection. I am a homemaker, and have nothing to my name. So far all i have done is call the debt collection agency to inquiry about this summons but nothing more. What can i do? i have no way to pay this debt. I am also very confused. from what i can remember i took this card out to BUILD my credit with my own money being put into this card but simply forgot about it, moved states and now i am here. Any help or advice would be greatly appreciated. Thank you!

Well, unfortunately it seems that the creditor hasn't forgotten it.

Anyway, there is no need for you to be confused because the Summons did not include a "court date." That isn't the purpose of a Summons for Service. What it intended to do is to notify you that the named plaintiff has filed a complaint initiating a civil law suit naming you as the defendant.

If you will studied it, you'll find language to the effect that you have a stated number of days following the date it was served upon you within which to file with the clerk of the named court a written response to the complaint - a copy of which should be attached to the Summons. In other words, the ball is now in your court.

Should you fail to file a written response (answer or motion) within the time allowed, eventually the plaintiff (without further notice to you) will apply for and obtain a default money judgment against you for the amount prayed for in the complaint.

Unless you dispute that the debt is owed and can produce competent evidence proving that it is not owed, or that a lesser amount is owed, or that a statute of limitations has run, or that the named plaintiff is not the real party plaintiff in interest (in other words it doesn't own the debt), unfortunately there isn't any helpful advice available.

I've probably added to your confusion. So, if you have any further questions, don't hesitate to ask. But your situation regarding the claim doesn't appear to be favorable.